HomeMy WebLinkAbout20041523.tiff RESOLUTION
RE: GRANT CHANGE OF ZONE#1053 FROM A (AGRICULTURAL) ZONE DISTRICT TO
E (ESTATE) ZONE DISTRICT FOR A NINE (9) LOT MINOR SUBDIVISION - MARY F.
CARLSON REVOCABLE LIVING TRUST AND GEORGE B. CARLSON REVOCABLE
LIVING TRUST
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,a public hearing was held on the 16th day of June,2004,at 10:00 a.m.for the
purpose of hearing the application of Mary F.Carlson Revocable Living Trust and George B.Carlson
Revocable Living Trust,7561 Kelty Trail,Franktown,Colorado 80116,requesting a Change of Zone
from the A (Agricultural) Zone District to the E (Estate) Zone District for a nine (9) lot Minor
Subdivision for a parcel of land located on the following described real estate, to-wit:
Lot B of 2nd Amended Recorded Exemption#1873;
being part of the NE1/4 of Section 8, Township 7
North, Range 67 West of the 6th P.M.,Weld County,
Colorado
WHEREAS,the applicant was represented by Jeff Couch,Team Engineering,3468 Shallow
Pond Drive, Fort Collins, Colorado 80528-7002, and
WHEREAS,Section 23-2-40 of the Weld County Code provides standards for review of such
a Change of Zone, and
WHEREAS,the Board of County Commissioners heard all the testimony and statements
of those present,studied the request of the applicant and the recommendation of the Weld County
Planning Commission and, having been fully informed,finds that this request shall be approved for
the following reasons:
1. The applicant has complied with all the application requirements listed in
Section 23-2-50 of the Weld County Code.
2. The request is in conformance with Section 23-2-40.B of the Weld County Code as
follows:
a. Section 23-2-40.8.1 -- The proposal is consistent with Chapter 22 of the
Weld County Code as follows:
1) Section 22-2-60.D(A.Goal 4)states,"Conversion of agricultural land
to nonurban residential, commercial and industrial uses will be
accommodated when the subject site is in an area that can support
such development. Such development shall attempt to be
compatible with the region. This goal is intended to address
conversion of agricultural land to nonurban uses. Once converted,
this land is less conducive to agricultural production." The proposal
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CHANGE OF ZONE (MZ#1053) - MARY F. CARLSON REVOCABLE LIVING TRUST AND
GEORGE B. CARLSON REVOCABLE LIVING TRUST
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is for a nine (9) lot non-urban scale subdivision. The Conditions of
Approval will ensure the site will be compatible with surrounding
properties.
b. Section 23-2-40.6.2 -- The proposed site does not lie within the Urban
Growth Boundary or Intergovernmental Agreement area for any municipality.
The site is within the three-mile referral area for the Town of Severance and
Larimer County. The Town of Severance did not respond to the referral
request. Larimer County indicated no conflict with its interests. Granting this
Change of Zone will have a minimal impact on the surrounding land uses.
c. Section 23-2-40.6.3 -- The applicant has a preliminary Water Service
Agreement in place with North Weld County Water District. The agreement
has been approved by the Weld County Attorney's Office and the North Weld
County Water District has indicated that the proposal does comply with its
plan. The Weld County Department of Public Health and Environment has
reviewed this proposal and has indicated the applicant has satisfied
Chapter 24 of the Weld County Code in regard to sewer service. Sewer will
be provided by Individual Sewage Disposal Systems. Because of the large
lot sizes,the Department of Public Health and Environment does not require
the applicant to designate any septic system envelopes on the proposed lots.
However,it should be noted that according to the geologic report conducted
by Thomas W. Finley, dated December 9,2003, seepage onto lots 1 thru 6
may be an issue when the lateral is flowing water. The report also states
that some of the systems may be required to be designed by an engineer.
However,given the proposed lot sizes,adequate area should be available to
accommodate these scenarios. In the future, the Box Elder Sanitation
District may make sanitary sewer service available in the vicinity of this
development. Per the February 26, 2004, letter from the District, sanitary
sewer service does not appear to be feasible for this development in the near
future.
d. Section 23-2-40.6.4--Weld County Road 84 is classified by the County as
a local gravel road and requires a minimum 60-foot right-of-way. The
right-of-way shall be verified and shown on the final plat. If the right-of-way
cannot be documented, it shall be dedicated on the final plat. This
development will introduce approximately 86 additional vehicle trips per day
to the roadway system. The applicant will be required to enter into an
agreement with the County to proportionately share the cost of improving
Weld County Road 84. The cost will be based on a proportion of the traffic
generated by the development to the existing traffic.
e. Section 23-2-40.6.5--In those instances where the following characteristics
are applicable to the rezoning request, the applicant has demonstrated
compliance with the applicable standards:
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CHANGE OF ZONE (MZ#1053) - MARY F. CARLSON REVOCABLE LIVING TRUST AND
GEORGE B. CARLSON REVOCABLE LIVING TRUST
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1) The proposed Change of Zone does not lie within any overlay district
identified by the maps officially adopted by Weld County.
2) The applicant has indicated that they have retained all mineral rights
on the property and no leases exist.Further,the Engineering Geology
Report submitted with the Sketch Plan, prepared by Thomas W.
Finley, dated December 9, 2003, indicated that due to the lack of
aggregate resources, it was their opinion that the property was not
economical for commercial extraction of sand, gravel, or quarry
aggregate.
3) At the Sketch Plan phase,the Colorado Geological Survey indicated
that the subject property appeared to be suitable for residential
construction provided that the suggestions made in the Engineering
Geology Report,prepared by Thomas W. Finley,dated December 9,
2003, were followed.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Mary F. Carlson Revocable Living Trust and George B.
Carlson Revocable Living Trust for a Change of Zone from the A(Agricultural)Zone District to the
E(Estate)Zone District for a nine(9)lot Minor Subdivision on the above referenced parcel of land
be, and hereby is, granted subject to the following conditions:
1. Prior to recording the Change of Zone Plat:
A. Weld County Road 84 is classified by the County as a local road and
requires a 60-foot right-of-way. The applicant shall verify the existing
right-of-way and the documents creating the right-of-way shall be noted on
the Change of Zone plat. If the right-of-way cannot be verified, it will be
dedicated on the final plat.
B. The Change of Zone plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled MZ-1053.
2) The proposed entryway detail.
3) The location of a development sign in accordance with
Section 23-4-80 of the Weld County Code, if applicable.
4) Weld County's"Right to Farm", as provided in Appendix 22-E of the
Weld County Code, shall be placed on any recorded plat.
C. The Change of Zone is conditional upon the following and each shall be
placed on the Change of Zone plat as notes:
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CHANGE OF ZONE (MZ#1053) - MARY F. CARLSON REVOCABLE LIVING TRUST AND
GEORGE B. CARLSON REVOCABLE LIVING TRUST
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1) The Change of Zone allows for E (Estate) Zone uses and shall
comply with the E(Estate)Zone District requirements as set forth in
Section 23 of the Weld County Code. The Minor Subdivision shall
consist of nine (9) residential lots.
2) Water service shall be obtained from the North Weld County Water
District.
3) Sewage disposal shall be by septic systems designed in accordance
with the guidelines of the Colorado Department of Public Health and
Environment,Water Quality Control Division, and the Weld County
Code in effect at the time of construction, repair, replacement, or
modification of the system. Each septic system shall be designed
for site-specific conditions including, but not limited to, maximum
seasonal high groundwater, poor soils, and shallow bedrock.
Additionally, all systems must meet all setbacks as outlined in the
Weld County Code.
4) If required,the applicant shall obtain a Stormwater Discharge Permit
from the Water Quality Control Division of the Colorado Department
of Public Health and Environment. Silt fences shall be maintained on
the down gradient portion of the site during all parts of the
construction phase of the project.
5) During development of the site, all land disturbances shall be
conducted so that nuisance conditions are not created. If dust
emissions create nuisance conditions, at the request of the Weld
County Health Department, a Fugitive Dust Control Plan must be
submitted.
6) In accordance with the regulations of the Colorado Air Quality Control
Commission,any development that disturbs more than five(5)acres
of land must incorporate all available and practical methods that are
technologically feasible and economically reasonable in order to
minimize dust emissions.
7) If land development creates more than a 25-acre contiguous
disturbance, or exceeds six(6) months in duration, the responsible
party shall prepare a Fugitive Dust Control Plan, submit an Air
Pollution Emissions Notice,and apply for a permit from the Colorado
Department of Public Health and Environment.
8) Weld County's "Right to Farm", as stated on this plat, shall be
recognized at all times.
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CHANGE OF ZONE (MZ#1053) - MARY F. CARLSON REVOCABLE LIVING TRUST AND
GEORGE B. CARLSON REVOCABLE LIVING TRUST
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9) The site shall maintain compliance at all times with the requirements
of the Weld County Departments of Public Works, Public Health and
Environment, and Planning Services.
10) Weld County Government personnel shall be granted access onto
the property at any reasonable time in order to ensure the activities
carried out on the property comply with the Development Standards
stated herein and all applicable Weld County regulations.
11) Installation of utilities shall comply with Section 24-9-10 of the Weld
County Code.
12) Effective January 1,2003, Building Permits issued on the proposed
lots will be required to adhere to the fee structure of the County-Wide
Road Impact Program.
13) A Homeowners'Association shall be established prior to the sale of
any lot. Membership in the Association is mandatory for each parcel
owner. The Association is responsible for liability insurance, taxes
and maintenance of open space, streets, private utilities, and other
facilities, along with the enforcement of covenants.
14) No development activity shall commence on the property, nor shall
any Building Permits be issued, until the Final Plan has been
approved and recorded.
15) Building Permits shall be obtained prior to the construction of any
building. Building Permits are required for the principle dwelling and
for buildings that are accessory to the principle dwelling.
16) A Plan Review is required for each building. Two complete sets of
plans are required when applying for each permit.
17) Buildings shall conform to the requirements of the codes adopted by
Weld County at the time of permit application. Current adopted
codes include the 2003 International Building Code;2003 International
Mechanical Code; 2003 International Plumbing Code; 2003
International Fuel Gas Code; 2002 National Electrical Code; and
Chapter 29 of the Weld County Code.
18) Each building will require an engineered foundation based on a
site-specific geotechnical report or an open hole inspection
performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer.
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CHANGE OF ZONE (MZ#1053) - MARY F. CARLSON REVOCABLE LIVING TRUST AND
GEORGE B. CARLSON REVOCABLE LIVING TRUST
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19) Fire resistance of walls and openings, construction requirements,
maximum building height and allowable areas will be reviewed at the
plan review. Setback and offset distances shall be determined by
Chapter 23 of the Weld County Code.
20) Building height shall be measured in accordance with the 2003
International Building Code for the purpose of determining the
maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk
Requirements from Chapter 23 of the Weld County Code. Building
height shall be measured in accordance with Chapter 23 of the Weld
County Code in order to determine compliance with offset and
setback requirements. Offset and setback requirements are
measured to the farthest projection from the building.
21) All landscaping within the sight distance triangles must be less than
3.5 feet in height at maturity.
22) Construction on the site shall follow the suggestions made in the
Engineering Geology Report, prepared by Thomas W. Finley,dated
December 9, 2003.
23) The Weld County Sheriffs Office has limited traffic enforcement
powers on roadways within subdivisions which are not adopted by
the County.
24) Sources of light shall be shielded so that light rays will not shine
directly onto adjacent properties where such would cause a nuisance
or interfere with the use on the adjacent properties.
25) Prior to the issuance of Building Permits,the applicant shall submit
construction plans for the utilities showing the location of fire
hydrants, the size of water mains, and available fire flows to the
Poudre Fire Authority for review.
D. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services. Upon
approval of the paper copies, the applicant shall submit a Mylar plat and a
digital file of all drawings associated with the Change of Zone application.
Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation);acceptable
GIS formats are .shp (Shape Files),Arclnfo Coverages and Arclnfo Export
files format type is.e00. The preferred format for Images is.tif(Group 4) ...
(Group 6 is not acceptable). The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by the Department of Planning
Services. The Mylar plat and additional requirements shall be submitted
within thirty(30)days from the date of the Board of County Commissioners
approval. The applicant shall be responsible for paying the recording fee.
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CHANGE OF ZONE (MZ#1053) - MARY F. CARLSON REVOCABLE LIVING TRUST AND
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E. The applicant shall submit evidence that the living unit has been removed
from the agricultural exempt building. Should the applicant wish to retain any
utilities, evidence shall be submitted that the appropriate Building Permits
have been applied for.
2. At the time of Final Plat:
A. Prior to recording the final plat,the applicant shall provide written evidence
from School District RE-4 which indicates that all District requirements have
been met.
B. In a referral dated April 19, 2004, the Weld County Sheriffs Office has
indicated concerns. The applicant shall submit in writing how each of the
concerns will be mitigated.
C. The Change of Zone application includes an entryway detail with a bus
shelter and mailbox location. The applicant shall submit evidence that
School District RE-4 and the Postal Service have approved the location of
these structures. Any requested changes shall be submitted with the Final
Plan application for review and approval.
D. The applicant shall submit an lmprovementsAgreement Regarding Collateral
for all improvements to the Minor Subdivision for acceptance by the Board
of County Commissioners prior to recording the final plat.
E. The applicant shall submit covenants for Prairie Ridge Estates. The
covenants shall be approved by the Weld County Attorney's Office prior to
recording the final plat. As required by the Poudre Fire Authority,covenants
shall include language which requires address numerals shall be visible from
the street fronting the property, and posted with a minimum of 6-inch
numerals on a contrasting background,as well as limitations on vinyl fencing
as requested by the North Poudre Irrigation Company.
F. The applicant shall submit information regarding the creation of the
Homeowners' Association.
G. The applicant shall submit approval of preliminary addresses and the street
name from the Postal Service, Fire District,Paramedic Service and Sheriffs
Office.
H. The right-of-way for the internal roadway shall be dedicated to the County.
Weld County Road 84 is classified by the County as a local road and
requires a 60-foot right-of-way. If the right-of-way cannot be verified, it will be
dedicated on the final plat.
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CHANGE OF ZONE (MZ#1053) - MARY F. CARLSON REVOCABLE LIVING TRUST AND
GEORGE B. CARLSON REVOCABLE LIVING TRUST
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J. Weld County Road 84 is a gravel road. The applicant will be asked to enter
into an agreement with the County to proportionately share the cost of
improvements. The cost will be based on a proportion of the traffic
generated by the proposed development to existing traffic. The applicant
must submit a proposed agreement with the final plan application.
K. Stop signs and street name sign locations must be shown on the final
roadway construction plans.
L. Intersection sight distance triangles at the development entrance will be
required. All landscaping within the triangles must be less than 3.5 feet in
height at maturity, and noted on the final roadway plans.
M. The applicant shall submit stamped, signed, and dated final plat drawings
and roadway/construction and grading plan drawings to the Department of
Public Works for review with the final application. Construction details must
be included. This is consistent with Section 24-3-50 which states, "The
Minor Subdivision Final Plat submitted shall contain the original signatures
and seals of all parties required."
N. Easements shall be shown in accordance with County standards and/or
Utility Board recommendations on the final plat.
O. Afinal drainage report stamped,signed and dated by a professional engineer
licensed in the State of Colorado shall be submitted with the final plan
application. The 5-year storm and 100-year storm drainage studies shall
take into consideration off-site flows both entering and leaving the
development. Increased runoff due to development will require detention of
the 100-year storm developed condition while releasing the 5-year storm
existing condition.
P. The final drainage report shall include a flood hazard review documenting
any FEMA defined floodways. The engineer shall reference the specific map
panel number,including date. The development site shall be located on the
copy of the FEMA map.
Q. The applicant shall prepare a construction detail for typical lot grading with
respect to drainage for the final application. Front, rear, and side slopes
around building envelopes must be addressed. In addition,drainage for rear
and side lot line swales shall be considered. Building envelopes must be
planned to avoid storm water flows, while taking into account adjacent
drainage mitigation. This is important since Cactus Hill Ditch is located on
the uphill side of the proposed development.
R. The applicant has indicated a 15-foot easement adjacent to the ditch. The
North Poudre Irrigation Company has stated that a 25-foot easement is
necessary. The applicant shall contact the Irrigation Company to discuss
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CHANGE OF ZONE (MZ#1053) - MARY F. CARLSON REVOCABLE LIVING TRUST AND
GEORGE B. CARLSON REVOCABLE LIVING TRUST
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possible mitigation of its concerns. A written plan for mitigation shall be
included with the final plan application.
S. Final drainage construction and erosion control plans (conforming to the
drainage report) stamped, signed, and dated by a professional engineer
licensed in the State of Colorado shall be submitted with the final plan
application.
T. The applicant shall submit plans for the fire protection infrastructure and the
emergency access to the Poudre Fire Authority for review and approval.
Evidence of approval shall be included in the Final Plan submittal.
U. Prior to recording the final plat, the applicant shall submit a digital file of all
drawings associated with the Final Plan application. Acceptable CAD
formats are.dwg, .dxf,and .dgn(Microstation);acceptable GIS formats are
.shp(Shape Files),Arclnfo Coverages and Arclnfo Export files format type
is .e00. The preferred format for Images is .tif(Group 4) ... (Group 6 is not
acceptable).
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 16th day of June, A.D., 2004.
� BOARD OF COUN COMMISSIONERS
Eo� WE COUNTY, COLORADO
Robert D. Masden, Chair
;; •• (� Clerk to the Board
William H. J e, Pro-Tem
Deputy Clerk to the Boar.
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APP D AS .•
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Date of signature: ail7"
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